51 N.Y.2d 95 (1980)
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Under New York Election Law, specifications of objections to a candidate’s designating petition must be filed within six days of filing the general objection, with the filing date determined by the postmark date, not the receipt date, regardless of any advice from the Board of Elections to the contrary.
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Summary
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This case concerns a dispute over the timeliness of objections to a candidate’s designating petition. Marie Bush filed a general objection to George Arney’s petition, followed by specifications of the objection. The Court of Appeals determined that the specifications were not timely filed because they were filed more than six days after the general objection was mailed, even though the Board of Elections had advised a later filing date. The court held that the filing date is determined by the postmark, not the receipt date, and the failure to file timely specifications is a jurisdictional defect rendering the objection null and void.
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Facts
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Marie Bush mailed a general objection to George Arney’s designating petition on July 28, 1980; it was received by the State Board of Elections on July 31, 1980.r
Bush mailed specifications of her objections on August 5, 1980; they were received on August 7, 1980.r
The State Board of Elections had advised Bush that specifications were required to be filed no later than August 6, 1980.r
Arney objected to the jurisdiction of the court, arguing the specifications were untimely filed.r
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Procedural History
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Bush filed a petition to invalidate Arney’s designating petition.r
The trial court overruled Arney’s jurisdictional objection.r
The Appellate Division affirmed the trial court’s decision.r
Arney appealed to the Court of Appeals.r
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Issue(s)
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Whether the specifications of objection to the petition designating Arney as a candidate were filed within six days after the general objection was filed, as required by Election Law § 6-154(2).r
Whether the filing date of the general objection is determined by the postmark date or the receipt date.r
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Holding
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No, because the specifications were not filed within six days of the general objection’s postmark date. The advice from the State Board of Elections does not override the statute requirements.r
The filing date is determined by the postmark date, because Election Law § 1-106 deems papers mailed before midnight of the last filing day as timely filed, indicating that the postmark date controls.r
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Court’s Reasoning
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The Court reasoned that Election Law § 6-154(2) mandates that specifications be filed within six days of the general objection, and failure to do so renders the objection